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12-Year-Old Girl Sues School for Spying on Her Facebook Account

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posted on Mar, 11 2012 @ 03:21 PM
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Why am I posting this in NWO? Because it reeks of it.

I am not in agreement that 12 year old kids should be able to do anything they want and that we should treat them like snowflakes but I do see this as a complete disregard for her freedom of speech as well as the lack of parental rights in not being informed of actions taken against their child.

We have seen cases like this too many times recently. Kids being subjected to Hitleresque type behavior by those in authority. When there is an issue with a 12 year old child, call the parents or legal guardian. It's their job.

I'm glad that this is moving forward. I hope the teachers and LEO are sued into the poor house but it most likely won't happen. There will be an apology and a letter of a mistake being made with bad judgement. BS in other words. These adults knew exactly what they were doing.

What if they suspected her of stealing lunch money? Could they demand her bank PIN? Not too far off IMO/

12-Year-Old Girl Sues School for Spying on Her Facebook Account:

www.activistpost.com...

The ACLU filed a lawsuit on behalf of a 12-year-old middle school student who was detained and interrogated by Minnesota school officials who demanded her Facebook and email passwords. According to CNN, the girl claims she was "'intimidated, frightened, humiliated and sobbing while she was detained in the small school room' as she watched a counselor, a deputy, and another school employee pore over her private communications."

The "interrogation" of the student stemmed from an incident where the girl wrote on her Facebook wall that hall monitors in the school were being "mean" to her and that she hated them, which the school determined was enough justification to demand a review of all her private communications.


The ACLU says that the Minnewaska School District violated the student's First Amendment right to free speech and her Fourth Amendment right to privacy and protection from unreasonable search and seizure.

Here is a link to the ACLU Lawsuit:

www.aclu-mn.org...

St. Paul, Minn. – Today, the American Civil Liberties Union of Minnesota filed a lawsuit in Federal District Court against Minnewaska Area Schools and the Pope County Sheriff's office for violating the constitutional rights of a minor student. R.S's free speech and privacy rights were violated by the school district in two separate instances involving Facebook. (To protect the privacy of the minor defendant, she will be referred to as R.S.)

Here is the complaint filed in the lawsuit. You can download it if you want.
www.aclu-mn.org...
Defendants:

MINNEWASKA AREA SCHOOL DISTRICT NO. 2149; GREGORY OHL, Minnewaska School District Superintendent, in his individual and official capacities; MARY WALSH, Minnewaska Middle School Counselor, in her individual and official capacities; JANE DOE, in her individual and official capacities; COLTNTY OF POPE; PAUL GERDE, PoPe CountY Board Chair, in his official capacity; TIMOTHY P. RILEY, PoPe CountY Sherifl in his individual and official capacities; GILBERT MITCHELL, Pope County Deputy Sheriff, in his individual and official capacities,

An interesting excerpt from the claim:

R.S.'s Facebook speech was purely off-campus speech. R.S. did not trse a school computer to make her post. R.S. did not use a school-provided account, and she did not use the school's internet. R.S. also did not make the Facebook post during school hours. The only connection between R.S.'s speech and Minnewaska Area Middle School was that the speech was about a school hall monitor.

And yes I know that CNN is a 4 letter word around here but they did report on it and I see they are stating THREE incidents. hmmmm?:

edition.cnn.com...

Somehow, the school principal got a hold of a screenshot of the message, and punished R.S. with detention and made her apologize to the hall monitor, the complaint says. She was in trouble again shortly thereafter for another Facebook post, which asked who turned her in, using an expletive for effect, the lawsuit says. She was given in school suspension and missed a class ski trip. In the third incident, according to the complaint, R.S. was called in by school officials after the guardian of another student complained that R.S. had had a conversation about sex on Facebook.

So what right do these people have to invade her privacy? And to do so without the Mother being notified or asking her permission...again?

It seems that those in authority are ignoring more and more the fact that these kids are minors and they need to have the permission of the parents before forcing children to do anything against their will. This case will hopefully make the rounds on the net and go viral so as to show people what is really going in our society.You know those people, the ones still sleeping.

Peace




edit on 11-3-2012 by jude11 because: (no reason given)




posted on Mar, 11 2012 @ 03:30 PM
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Shes in breach of facebooks terms and conditions, she should have her account terminated and told to [snip] off.
edit on 11-3-2012 by elevatedone because: (no reason given)


and if anyone has privacy concerns then dont use facebook, it was funded by the cia via InQTel and has close connections to Palantir, it is a datamining tool. It was designed for this purpose.
edit on 11-3-2012 by Maponos because: (no reason given)



posted on Mar, 11 2012 @ 03:35 PM
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Originally posted by Maponos
Shes in breach of facebooks terms and conditions, she should have her account terminated and told to [snip] off.
edit on 11-3-2012 by elevatedone because: (no reason given)


That would apply to a vast majority of accounts I believe.


But that's not the REAL issue is it? FaceBook's T&C or the Constitution...which should be enforced here?

I know my answer.

Peace



posted on Mar, 11 2012 @ 03:39 PM
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Originally posted by jude11

Originally posted by Maponos
Shes in breach of facebooks terms and conditions, she should have her account terminated and told to [snip] off.
edit on 11-3-2012 by elevatedone because: (no reason given)


That would apply to a vast majority of accounts I believe.


But that's not the REAL issue is it? FaceBook's T&C or the Constitution...which should be enforced here?

I know my answer.

Peace


She doesnt have a right to free speech on a platform which it is not legal for her to have an account on if thats what your getting at.

Perhaps a bit of both would have been more applicable, school could have contacted facebook and had her banned, or the police if they believed she was doing anything illegal.



posted on Mar, 11 2012 @ 03:43 PM
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I believe they have every right to access the accounts.........

With a warrant!



posted on Mar, 11 2012 @ 03:46 PM
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I think Facebook, like myspace, you have to be 13...



posted on Mar, 11 2012 @ 03:46 PM
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Originally posted by mwood
I believe they have every right to access the accounts.........

With a warrant!


exactly, which the school obviously knew no judge in their right mind would issue one, on the basis of the evidence they had of nothing more than an opinion.



posted on Mar, 11 2012 @ 03:54 PM
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I feel sorry for these children being indoctrinated into this 'brave new world', I can't imagine growing up without the privacy that is now a luxury for the new generations.

Anyone that's for this should think real hard and ask themselves if they would've wanted their superiors constantly monitoring their communications as you grew up.

What's more disturbing is that this behavior will find more acceptance over time and the newer generations would find it normal to have your private conversations be accessible to authority figures. It starts with Facebook, but I can easily see this extending to emails and eventually text messages in no time.



posted on Mar, 11 2012 @ 04:04 PM
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reply to post by Jason Paul
 



it's as if the young people are being groomed for the acceptance of thought crimes... George Orwell, prophet



posted on Mar, 11 2012 @ 04:04 PM
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This disturbs me on many levels. What happened makes no sense and our education system will suffer for it.

OP I believe what you posted is genuine. But I can't help but wonder why it's necessary?

As a teacher with a Facebook account, I have roughly a hundred or so former students who are "friends.". It's very simple to see their posts and their friends posts. Wouldn't that have been much simpler? Of course the young lady in question might not befriend faculty members.

I feel like there's more to this story. But who knows.



posted on Mar, 11 2012 @ 04:08 PM
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Maybe they wouldnt have been able to do this is she had been 13, I know she may have actually had a case in that scenario, however she doesnt have a leg to stand on.

At the end of the day she is too young to be on it and as the school is technically her guardian whilst she is at school this would mean they have the same rights to access it as her parents, id expect.



posted on Mar, 11 2012 @ 04:10 PM
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Originally posted by Jason Paul
I feel sorry for these children being indoctrinated into this 'brave new world', I can't imagine growing up without the privacy that is now a luxury for the new generations.

Anyone that's for this should think real hard and ask themselves if they would've wanted their superiors constantly monitoring their communications as you grew up.

What's more disturbing is that this behavior will find more acceptance over time and the newer generations would find it normal to have your private conversations be accessible to authority figures. It starts with Facebook, but I can easily see this extending to emails and eventually text messages in no time.


Don't you think it's already to that point? Facebook, MySpace, twitter, children think they are just talking to friends. They have no idea how many people can access their information.

Since social media is here to stay, we've got to teach our kids how to use it responsibly and safely. One of my former students posted on her Facebook account that her dad had left her home alone for a few hours and she was bored. I called her on it and she was dumbfounded that what she posted could be potentially dangerous.



posted on Mar, 11 2012 @ 04:13 PM
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Originally posted by Maponos

Originally posted by jude11

Originally posted by Maponos
Shes in breach of facebooks terms and conditions, she should have her account terminated and told to [snip] off.
edit on 11-3-2012 by elevatedone because: (no reason given)


That would apply to a vast majority of accounts I believe.


But that's not the REAL issue is it? FaceBook's T&C or the Constitution...which should be enforced here?

I know my answer.

Peace


She doesnt have a right to free speech on a platform which it is not legal for her to have an account on if thats what your getting at.

Perhaps a bit of both would have been more applicable, school could have contacted facebook and had her banned, or the police if they believed she was doing anything illegal.




Funny how you will quote she has no right to an account therefore she as no rights. I guess you come to that determination by reading line 5 under the Registration and Account Security of the Facebook terms and responsibility agreement.

Given that read line 8 which states she has no right to share her password either!

4 Registration and Account Security

Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Facebook if you are under 13.
You will not use Facebook if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
 

School should have gotten a warrant? As for signing up as an underage account, this is not criminal. Facebook should simply shut down her account.

Why is it so difficult for organizations that oversee minors find it so difficult to call the parents and sit down with them. Where do these whackos with a smidgen of authority think they have the right to start interrogating minors. These fools should not be in the authoritative position. There was nothing to demonstrate that anyone was in imminent danger. Sorry to say some pink slips to some administrators are in order.



posted on Mar, 11 2012 @ 04:18 PM
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Originally posted by Sharpenmycleats

Originally posted by Maponos

Originally posted by jude11

Originally posted by Maponos
Shes in breach of facebooks terms and conditions, she should have her account terminated and told to [snip] off.
edit on 11-3-2012 by elevatedone because: (no reason given)


That would apply to a vast majority of accounts I believe.


But that's not the REAL issue is it? FaceBook's T&C or the Constitution...which should be enforced here?

I know my answer.

Peace


She doesnt have a right to free speech on a platform which it is not legal for her to have an account on if thats what your getting at.

Perhaps a bit of both would have been more applicable, school could have contacted facebook and had her banned, or the police if they believed she was doing anything illegal.




Funny how you will quote she has no right to an account therefore she as no rights. I guess you come to that determination by reading line 5 under the Registration and Account Security of the Facebook terms and responsibility agreement.

Given that read line 8 which states she has no right to share her password either!

4 Registration and Account Security

Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Facebook if you are under 13.
You will not use Facebook if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
 

School should have gotten a warrant? As for signing up as an underage account, this is not criminal. Facebook should simply shut down her account.

Why is it so difficult for organizations that oversee minors find it so difficult to call the parents and sit down with them. Where do these whackos with a smidgen of authority think they have the right to start interrogating minors. These fools should not be in the authoritative position. There was nothing to demonstrate that anyone was in imminent danger. Sorry to say some pink slips to some administrators are in order.


Exactly my point IF she had been 13, shes already in breach before she gets to sharing her password so that is irrelevant, hence why I wonder if they would have done this had she been old enough to hold an account herself.



posted on Mar, 11 2012 @ 04:18 PM
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Originally posted by smyleegrl
This disturbs me on many levels. What happened makes no sense and our education system will suffer for it.

OP I believe what you posted is genuine. But I can't help but wonder why it's necessary?

As a teacher with a Facebook account, I have roughly a hundred or so former students who are "friends.". It's very simple to see their posts and their friends posts. Wouldn't that have been much simpler? Of course the young lady in question might not befriend faculty members.

I feel like there's more to this story. But who knows.


I believe you may be right.

When LEO is called in to bully a 12 yr old into diving up her rights, there is definitely something more at play here.

What it is...who knows? We'll most likely be hearing more soon tho.

Peace



posted on Mar, 11 2012 @ 04:18 PM
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Originally posted by Sharpenmycleats

You will not use Facebook if you are under 13.




How can she even have a case if she is illegally registered?

They should throw the book at her/parents.



posted on Mar, 11 2012 @ 04:22 PM
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12 year olds shouldnt have a facebook/myspace any ways..... but she should have just told them to # off and call her parents, if they tell her to give the info then give it, doubt they would be that dumb tho. Y would these people care whats on a 12 year olds facebook?



posted on Mar, 11 2012 @ 04:28 PM
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Originally posted by dayve
12 year olds shouldnt have a facebook/myspace any ways..... but she should have just told them to # off and call her parents, if they tell her to give the info then give it, doubt they would be that dumb tho. Y would these people care whats on a 12 year olds facebook?


cos american kids seem to like shooting up their schools, the school have to think of the safety of other students. Obviously someone was concerned enough to complain, not once but 3 times. A responsible adult took control of her illegally held account, tough luck.



posted on Mar, 11 2012 @ 04:29 PM
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Originally posted by Maponos

Originally posted by Sharpenmycleats

Originally posted by Maponos

Originally posted by jude11

Originally posted by Maponos
Shes in breach of facebooks terms and conditions, she should have her account terminated and told to [snip] off.
edit on 11-3-2012 by elevatedone because: (no reason given)


That would apply to a vast majority of accounts I believe.


But that's not the REAL issue is it? FaceBook's T&C or the Constitution...which should be enforced here?

I know my answer.

Peace


She doesnt have a right to free speech on a platform which it is not legal for her to have an account on if thats what your getting at.

Perhaps a bit of both would have been more applicable, school could have contacted facebook and had her banned, or the police if they believed she was doing anything illegal.




Funny how you will quote she has no right to an account therefore she as no rights. I guess you come to that determination by reading line 5 under the Registration and Account Security of the Facebook terms and responsibility agreement.

Given that read line 8 which states she has no right to share her password either!

4 Registration and Account Security

Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Facebook if you are under 13.
You will not use Facebook if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
 

School should have gotten a warrant? As for signing up as an underage account, this is not criminal. Facebook should simply shut down her account.

Why is it so difficult for organizations that oversee minors find it so difficult to call the parents and sit down with them. Where do these whackos with a smidgen of authority think they have the right to start interrogating minors. These fools should not be in the authoritative position. There was nothing to demonstrate that anyone was in imminent danger. Sorry to say some pink slips to some administrators are in order.


Exactly my point IF she had been 13, shes already in breach before she gets to sharing her password so that is irrelevant, hence why I wonder if they would have done this had she been old enough to hold an account herself.





Being 12 and opening a Facebook account is not a crime, and has nothing to do with her legal rights. If you don't like the fact that she was able to establish an account as a 12 year old, then complain to Facebook about their new account review policy. She made no threats of retaliation to this "mean" hall monitor so I fail to see where the school had the right to break the law by violating her human rights, by detaining her and interrogating this minor child without the presence of an adult legal guardian or attorney.

So what is Exactly your point?



posted on Mar, 11 2012 @ 04:41 PM
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Originally posted by Maponos
Maybe they wouldnt have been able to do this is she had been 13, I know she may have actually had a case in that scenario, however she doesnt have a leg to stand on.

At the end of the day she is too young to be on it and as the school is technically her guardian whilst she is at school this would mean they have the same rights to access it as her parents, id expect.





You have no clue what you are talking about , you throw out belligerent statements comparing apples to oranges . The ACLU only takes on the most winnable cases or at least in their minds .

While the school is responsible for her safety while at school they have no guardian rights to make decisions for the child , if the child was hurt seriously at school they can not make any decisions on her behalf medically and would refuse to because of liability . Big brother would love to change that and stick the staes nose further into a parents realm . By our posts it seems you would be fine with that , I hope you don t have kids ever .



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